Decision

Hilton Worldwide Holding LLP v. Miller Thomson, 2018 FC 895

Hilton Worldwide Holding LLP appeals from the decision of the Registrar of Trademarks, which directs that Hilton’s registration for the trademark WALDORF-ASTORIA should be expunged from the register. The core question raised in this appeal is whether Hilton can establish that it used the trademark in association with “hotel services”, under the Trade-Mark Act, RSC 1985, c T-13 [the Act], despite the fact that there was no “bricks and mortar” hotel under the name Waldorf-Astoria in Canada during the relevant period. For the reasons that follow, I am allowing this appeal.

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I am a partner at DLA Piper (Canada) LLP practicing in the area of intellectual property. Material on this website are my own views and do not reflect the position of DLA Piper (Canada) LLP, any of its member firms around the world, or any of its clients. IPPractice.ca grew out of my hobby to gather and share interesting updates on intellectual property to friends and colleagues. This website does not provide legal advice, and should not be relied upon. Hope you enjoy the site - Alan Macek